Comments on Utah 1115 Primary Care Network Demonstration Waiver Amendment Request: In Vitro Fertilization and Genetic Testing for Qualified Conditions

Executive Summary

In comments to the Department of Health and Human Services, the National Health Law Program asks HHS to reject Utah’s proposal to restrict coverage of in vitro fertilization (IVF) services and preimplantation genetic diagnosis (PGD) for Medicaid-enrolled individuals who: (1) have been diagnosed by a physician as having a genetic trait associated with one of five specified conditions; and (2) intend to get pregnant with a partner who also has been diagnosed by a physician as having a genetic trait associated with the same condition. First, Utah’s application does not contain a sufficient level of detail to allow for meaningful comment. Second, Utah’s proposal is not likely to assist in promoting the objectives of the Medicaid Act and does not propose an actual experiment. And finally, Utah’s proposal is at best arbitrary, and at worst motivated by the discriminatory motive of trying to avoid providing medical assistance to people with disabilities.

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